TERMS OF USE

Before using this site, please take the time to understand its Terms of Use.

In using this site, You warrant that You have read, understood and accept these Terms, and that You will comply with and be bound by these Terms of Use. You must discontinue using this site immediately if You disagree with any of the Terms of Use.

 

The Terms of Use apply to every person who accesses any of the information or services provided on this site. By using this site, You accept these Terms of Use in full. These terms form a binding agreement between You (the User) and the owner of this site.  

 

These Terms are contractually binding. As the User, You represent and warrant that You have the legal capacity to enter these Terms, and that You have had sufficient opportunity to access and comply with the Terms of Use.

 

Licence to Use

Melissa How grants You non-exclusive, non-transferable licence to use this site in the manner it is intended.

You acknowledge that Melissa How is the rightful owner or licensee of all content on this site and that You must not copy, download, store, distribute or reproduce any of its design or contents in part or in full without the express written permission of the site’s owner.

You must not change, edit or add any content on this site without express written permission and unless You hold all necessary rights to do so.

You must not breach any law, regulation, rule, code or other legal obligation; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy, or infringes the intellectual property or other rights of any person. The owner of this site does not endorse, recommend, sponsor or approve any such User generated content and the views expressed within that content.

Melissa How retains complete editorial control over the site and may alter, amend or cease the operation of the site at any time. The owner reserves the right to remove content deemed to be in breach of Copyright, or which in their reasonable opinion is deemed inappropriate.

The site may be unavailable from time to time, such as for maintenance purposes. The owner will not be liable for the site being temporarily unavailable due to technical issues beyond their control.

If any User is determined to be in breach of these Terms, the owner reserves the right to block their use of the site, impermanently or indefinitely at their sole discretion. If a User’s behaviour is deemed illegal, the owner may bring court proceedings against them and enforce their legal rights.

 

Competitors

Competitors are not permitted to use or access any information or content on this site.

‘Competitor’ means any person, business, entity or organisation that is engaged in or intends to engage in the provision of any products or services similar or related to any products sold or services provided by Melissa How.

If any User is determined to be in breach these Terms, the owner reserves the right to block their use of the site, impermanently or indefinitely at their sole discretion. They may also bring court proceedings against the User and enforce their legal rights to hold the User fully responsible for any loss that they may sustain and accountable for all profits that they User might make from such a breach.

 

Disclaimer

Melissa How endeavours to keep the information on this site up to date, error free and correct, yet makes no representations or warranties of any kind, express or implied, about the correctness, completeness, accuracy, reliability, suitability, availability or otherwise, with respect to the site or the information herein.  Any reliance You place on the information is at Your own risk.

Information, advertisements or links to other websites, as placed on this site, do not necessarily imply sponsorship, endorsement, approval or arrangement of any kind between Melissa How and the rightful owners of that content. The owner of this site takes no responsibility for any content found on linked websites and accept no responsibility for any information or advice provided to You directly by third parties.

Melissa How gives no warranty that this site or its server is free of viruses or any other harmful components. It is Your responsibility to ensure that You take any precaution necessary to minimise any risk You may be taking by using this site or its services.

 

Intellectual Property

Melissa How strictly reserves all Copyright on all information and materials on this site, including, but not limited to, the design, layout, services, content and documents contained herein. You must not copy, download, store, distribute or reproduce any of its contents in part or in full without the express written permission of the owner.

Any reproduction of any of the contents is prohibited in any form other than with express permission, where You may print or download content for Your personal and non-commercial use only; and any redistribution of the contents must acknowledge this site as the source of the material.

 

Limitation of Liability

By using this site, You agree and accept that Melissa How is not legally responsible for any loss or damage You may incur in relation to Your use of the site, whether for inaccuracies, errors or omissions in content or information, any goods or services they may offer or from any other use of the site or its services. This includes Your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this site is entirely at Your own risk and Melissa How shall not be liable.

To the fullest extent permitted by law, Melissa How excludes all liability for any loss, damage, costs or expenses, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by You or any third party, or claims made against You or any third party which result from any use or access of, or any inability to use or access the site.

Liability is limited to the supply of goods or services or the cost of supplying the goods or services.

 

Indemnity

You are permitted to use this site if You agree to indemnify and hold Melissa How, and its officers, directors, employees and agents, harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to Your use of this site.

 

Severability

If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable in any state or territory then such a clause shall not apply in that jurisdiction and is deemed never to have been included in these Terms in that state or territory. This will not affect the remaining provisions, which continue in full effect. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms.

 

Termination

These Terms terminate automatically if, for any reason, operation of this site is ceased.

 

Disputes

By accepting these Terms, You agree to use Your best endeavours to negotiate and mediate with Melissa How to resolve any disputes arising from or in connection with these Terms. Please notify us in writing of any dispute You may have.

 

Jurisdiction

These Terms and this site are subject to the laws of Victoria and Australia. If a dispute between You and Melissa How results in litigation, then You must irrevocably submit to the jurisdiction of the courts of Victoria.

 

Changes & Amendments

The owner reserves the right to amend these Terms. Any change, modification, addition or removal of any of the Terms in part or in whole will be entirely at the owner’s sole discretion and without notice. Any revisions to the Terms will apply immediately after publication on this site. By using this site, it is assumed You have read, understood and agree to any amendments to these Terms. Please check these Terms regularly if You intend to continue to use this site.

 

Entire Agreement

These Terms make up the entire agreement between You and Melissa How and supersede any prior agreement, understanding or arrangement between You and Melissa How whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.